DISMISSED WITH PREJUDICE: May 1, 2023
CBCA 7254
WILLIAMS CIVIL CONSTRUCTION, INC.,
Appellant,
v.
DEPARTMENT OF TRANSPORTATION,
Respondent.
Matt J. Kelly of Tarlow Stonecipher Weamer & Kelly, PLLC, Bozeman, MT, counsel
for Appellant.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
Rayann L. Speakman, Office of the Chief Counsel, Federal Highway Administration, Department of Transportation, Vancouver, WA; and Kristina L. Porzio, Office of the Chief Counsel, Federal Highway Administration, Department of Transportation, Lakewood, CO, counsel for Respondent.
O’ROURKE, Board Judge.
Order
On April 28, 2023, appellant filed a motion to dismiss its appeal. The parties stated that they reached a settlement which fully resolved appellant’s claim. Appellant requested that the appeal “be dismissed in its entirety, with prejudice and without costs to any party herein.” The motion is granted. The appeal is DISMISSED WITH PREJUDICE.
Kathleen J. O’Rourke
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Williams Civil Construction, Inc., CBCA 7254. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.